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  1. #1
    weez76 Guest

    Angry Exempt vs. Non-Exempt??

    Georgia

    I have been working as an Inside Sales Rep for the past 5 years for (2) different companies. I have always had an exempt (or salaried) status. Recently my company has advised us that the Department of Labor has made some revisions to the Fair Labor Standards Act and "Inside Sales" now falls under the category of Non-exempt (or hourly).

    I am furious with this, as I feel as though this is just another excuse for my company to "nickel and dime" the employees. How can this be, when just this weekend I was looking through job openings and I came across SEVERAL jobs that were for "Customer Service" and "Inside Sales" opportunities offering salaried positions?

    My company is adamant that THEY are not implementing this. They strongly state that this is being implemented by the Department of Labor and this newly revised FLSA. I, personally, believe that my company is walking a fine line in classifying Inside Sales Reps as Non-exempt, but would like someone's input on this issue. I would like to fight this issue, but need some proverbial ammunition to do so.

    Any help, advice and guidance is appreciated.

    Regards,
    Weez76
  2. #2
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    34,055
    Sorry, no ammunition here.

    It is quite true that the US DOL has recently made changes to the FLSA regarding exempt/non-exempt status.

    What's more, inside sales have NEVER been exempt. If you were working inside sales and you were classified as exempt, then you were misclassified.

    Your employer is correct in reclassifying you to non-exempt. You have no grounds on which to fight.

    Edited to include:

    There are three different explanations for the ads you saw:

    1.) The companies are planning to classify this job as a salaried non-exempt; i.e. you are paid a salary for any week in which you work 40 hours or less, but will receive OT for any hours you work over and above 40 in a week. This IS legal.

    2.) The job duties of the positions are more than inside sales and qualify to be exempt on the basis of the other duties

    3.) The companies are illegally misclassifying the jobs as exempt.
    Last edited by cbg; 09-15-2004 at 01:39 PM.

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